Judge rules DOJ can’t use some evidence linked to Comey ally as prosecutors try to revive case
Kollar-Kotelly told the Justice Department to "identify, segregate, and secure" the files from Richman's devices, which was used to indict Comey on charges of making false statements and obstructing Congress in 2020.
A federal judge ruled Saturday the Justice Department cannot use certain evidence linked to an ally of James Comey as it tries to renew its case against the former FBI boss.
U.S. District Judge Colleen Kollar-Kotelly said evidence related to former Comey attorney and friend Daniel Richman was off-limits after Richman filed a lawsuit that accused federal prosecutors of violating his Fourth Amendment rights by seizing material from his electronic devices in 2019 and 2020.
Kollar-Kotelly told the Justice Department to "identify, segregate, and secure" the files from Richman's devices, which was used to indict Comey on charges of making false statements and obstructing Congress in 2020, according to Fox News.
"Upon consideration of Petitioner Daniel Richman’s Motion for Temporary Restraining Order, the relevant legal authority, and the entire present record, the Court concludes that Petitioner Richman is entitled to a narrow temporary restraining order to preserve the status quo while the Court evaluates his Motion for Return of Property and awaits full briefing and argument from the parties," the ruling reads.
"Richman is likely to succeed on the merits of his claim that the government has violated his Fourth Amendment right... by retaining a complete copy of all files on his personal computer... and searching that image without a warrant," she added.
The judge dismissed the cases against Comey and New York Democratic Attorney General Letitia James last month after determining that the federal prosecutor, Lindsey Halligan, was unlawfully appointed. However, the Justice Department is attempting to renew its case against Comey, who has denied any wrongdoing.
The temporary restraining order is expected to remain in effect through Dec. 12 or until there is further court action.
Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.